[Insert Company Name]
INDIVIDUAL EMPLOYMENT AGREEMENT
INDEX
Clause No.
Title
1.
Term
2.
Application
3.
Position/Location
4.
Hours of Work
5.
Remuneration
6.
Sick Leave
7.
Public Holidays
8.
Conduct
9.
Confidentiality
10.
Health and Safety
11.
Policies and Rules
12.
Termination
13.
Licences
14.
Employment Relationship Problems/Grievances and
Disputes
15.
Declaration
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
1
[INSERT COMPANY NAME]
INDIVIDUAL EMPLOYMENT AGREEMENT
This is an Individual Employment Agreement.
BETWEEN:
[INSERT COMPANY NAME]
(The Employer)
AND:
(The Employee)
1.
TERM
1.1
The period of casual employment shall be from and to the dates/times specified in the offer
of casual employment and as recorded on the casual employee’s time sheets.
1.2
Nothing contained in this agreement either express or implied shall mean that any
obligation exists for any employment beyond the period specified at the commencement of
each engagement.
2.
APPLICATION
2.1
The terms and conditions of this casual agreement of employment shall be as prescribed
herein.
2.2
The employee shall not be eligible for redundancy compensation on the termination of this
agreement or the expiration of each period of engagement.
2.3
The terms and conditions contained herein override and supersede any terms and conditions
of casual or other employment that may have applied prior to the date of application of this
agreement.
2.4
The terms and conditions contained herein may be varied by agreement between the
company and the employee.
2.5
Each period of engagement specified shall constitute a separate period of engagement and
service shall not be deemed to be continuous.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
2
3.
POSITION/LOCATION
You will be employed to perform the duties as specified at the start of each engagement. An
indication of these are in Schedule 2. Should these change for future engagements you will be
advised of the requirements at that time.
.
The employees place of work is [Insert physical address] and other premises as required. ie. clients
and suppliers.
4.
HOURS OF WORK
4.1
Employment may be offered on an as and when required basis to work such days and times
as required by the employer. Where practicable, hours and days of work shall be advised in
advance, but there is no guarantee either expressed or implied that such hours will be
available for work. Where work is not available, the employee shall be stood down without
payment until if and when work is again available.
4.2
The casual employee agrees to work such hours as may be required by the employer as
agreed at the commencement of each engagement. Notice of work availability may be
given at any time.
4.3
The fact that a casual employee, in any week, works 40 ordinary hours shall not, of itself,
change the status of the employee from that of a casual employee.
5.
REMUNERATION
5.1
The casual employee’s ordinary hourly rate of pay for the purposes of this agreement shall
be $
per hour.
5.2
The employee' agrees that the annual holiday pay entitlement of 6% gross earnings shall be
paid to the employee with the employee’s regular pay. This amount will be identified
separately on the employee’s pay slip.
5.3
Wages shall be paid weekly by direct credit to a bank account standing in the name of the
employee.
5.4
The employee shall be given a pay slip on a weekly basis showing all payments and
deductions.
5.5
Payment shall be made only for time worked.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
3
6.
SICK LEAVE
You do not have any special leave entitlement (including sick or bereavement leave) under the
terms of this agreement.
7.
7.1
Public Holidays
The following days are Public Holidays.
Christmas Day
Boxing Day
New Year’s Day
The second day of January
Waitangi Day
Good Friday
Easter Monday
ANZAC Day
Labour Day
The birthday of the reigning Sovereign
The day of the anniversary of the province
7.2
Where the employee works on any of the days specified in sub-clause 7.1 then the
employee shall be paid a portion of their relevant daily pay that represents the actual time
worked on that day plus half that amount again.
7.3
For the purpose of this clause, relevant daily pay shall have the same meaning as defined
in the Holidays Act 2003.
8.
CONDUCT
The employee agrees to undertake the duties and responsibilities in a professional manner at all
times with a commitment to good relationships with persons, companies, clients and organisations
with whom the employer has business relationships or potential relationships.
9.
CONFIDENTIALITY
The employee will:
9.1
Not use, divulge or communicate to any person, any information apart from that relevant to
normal business with clients or to persons who have proper authority, relating to the
employer's business, or that of its principals without the employer's prior approval.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
4
9.2
Keep confidential, after termination of employment, all the employer's business agreements,
tariffs or pricing information, customer and supplier names, private matters and other
confidential information in regard to the business of the employer, its employees and its
principals and not disclose any such information to anyone.
9.3
Not copy any material described in 9.2 above for personal use or use by any unauthorised
person.
9.4
Keep the details of this employment agreement confidential to him/herself.
10.
HEALTH AND SAFETY
10.1
The Employee should take all practicable steps to ensure his or her own safety while at
work and that no action or inaction by the Employee while at work causes harm to any
other person.
10.2
The Employee is to ensure safety procedures are followed at all times. The Employee
must ensure that they know the Employer's health and safety rules and procedures. If
Employees do not comply with the rules and procedures, disciplinary action may be taken.
10.3
The Employee is expected to report as soon as possible to management any accidents,
incidents or hazards arising during the course of employment.
10.4
If the Employee has any concerns in regard to their safety or the safety of others in the
workplace, the employee is to report to this to the Employer who will take all practicable
steps to provide and maintain a safe work environment.
11.
POLICIES AND RULES
The employer shall be entitled to institute policies and rules in relation to its activities and the
conduct expected of its employees from time to time and such policies and rules shall be observed
in good faith by the employee. If the employee is in breach of these the employee may be subject
to disciplinary action including termination of employment.
12.
TERMINATION
12.1
This agreement may be terminated by either party giving to the other one day’s written
notice of termination.
12.2
If the required notice is not given by either party, one day’s wages shall be paid or forfeited
by the party improperly terminating the employment.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
5
12.3
Upon termination of employment, the employee is required to immediately deliver to the
company all keys, credit cards, samples, records, documents, letters, papers and other
material of every description (including all copies of or extracts from the same) within the
employee’s possession or control relating to the affairs and business of the company.
12.4
All issued company property is to be returned and any money owed to the company repaid
before final payment of wages are made. If this provision is not complied with, the value of
any unreturned company property and any debts to the company will be deducted from the
final payment.
12.5
Nothing in this clause (clause 12) shall prevent the summary dismissal of the employee for
serious misconduct.
13.
LICENCES
13.1
The employee must be in possession of full and current appropriate licences to in order to
be able to drive any of the companies vehicles.
13.2
Where the employee is required by the employer to drive vehicles as a fundamental part of
the employee’s duties, employment and continued employment is conditional on the
employee obtaining and retaining the appropriate driving licences.
14.
EMPLOYMENT RELATIONSHIP PROBLEMS/GRIEVANCES AND DISPUTES
Employment problems, grievances and disputes shall be as defined by the Employment Relations
Act 2000 and shall be settled in accordance with the provisions of that Act and the plain language
explanation of the services available for the resolution of employment relationship problems
attached as the First Schedule to this agreement.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
6
15.
DECLARATION
I
(full name), declare that I have had the opportunity to seek
independent advice on the above agreement and that I understand and fully accept the conditions of
my employment as detailed above.
SIGNED
BY THE EMPLOYEE:
Date:
SIGNED FOR AND
ON BEHALF OF THE
EMPLOYER:
Date:
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
7
FIRST SCHEDULE
PROCEDURE FOR RESOLVING EMPLOYMENT RELATIONSHIP PROBLEMS AND
PERSONAL GRIEVANCES
This procedure applies to the resolution of all employment relationship problems and personal
grievance matters within our organisation. An employment relationship problem includes a
personal grievance, a dispute, and any other problem relating to or arising out of the employment
relationship, but does not include any problem with the fixing of terms and conditions of
employment.
If the employee feels that he/she has an employment relationship problem, please first raise the
matter with the Company. The Company will do everything it can to resolve the problem as soon
as possible after the event.
If the employee is raising a personal grievance, it must be raised within 90 days of the event
giving rise to it.
Procedure
Step 1
The employee must first speak with his/her manager or supervisor. If for any reason the
employee doesn’t wish to raise the problem with his/her manager, the employee should speak to
another manager, or someone else who can deal with it, so that the Company can deal with the
concern early.
Step 2
If the employee prefers to raise the matter with the Company in writing, or if any matter the
employee has raised under Step 1 has not been resolved, the employee should write a letter about
the problem or grievance, setting out;
1.
Details of the problem or grievance, and
2.
What solution the employee is seeking to resolve the matter.
Step 3
Upon receipt of the employee’s letter under Step 2, the Company will respond in writing setting
out its version of the facts within fourteen days.
Step 4
The Company will then meet with the employee (within 7 days of its written reply in Step 3), to
discuss and attempt to resolve the matter.
Step 5
If the problem or grievance cannot be resolved at the Step 3 meeting, and the employee wishes to
pursue the matter further, then the employee may do so by seeking the services of the Mediation
Service of the Department of Labour or with any alternative mediation provider as may be
agreed.
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)
8
SECOND SCHEDULE
JOB DESCRIPTION
_______________________________________________________________________________________________
[INSERT COMPANY NAME]
(Casual)